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Exhibiting Firearm or Weapon Within 1,000 Feet of a School



What is Exhibiting a Firearm or Weapon Within 1,000 Feet of a School?

Exhibiting a firearm or weapon within 1,000 feet of a school is a serious offense under Florida law. According to Florida Statute 790.115, this crime involves displaying any weapon, including firearms, in a rude, careless, angry, or threatening manner within the specified distance of any school property. This law aims to protect students and school personnel from potential harm and to maintain a safe educational environment.

What is Exhibiting a Firearm or Weapon Within 1,000 Feet of a School? Exhibiting a firearm or weapon within 1,000 feet of a school means displaying any weapon in a threatening manner near school property, which is considered a third-degree felony under Florida law.

The legal definition of exhibiting a firearm or weapon within 1,000 feet of a school includes the following elements:

  • Exhibition of a Weapon: The defendant exhibited a firearm or weapon.
  • Proximity to School Property: The exhibition occurred within 1,000 feet of school property.
  • Manner of Exhibition: The act was done in a rude, careless, angry, or threatening manner.
  • Exemptions: The exhibition was not in lawful self-defense or part of a school-sanctioned activity.

Understanding these elements is crucial for anyone facing charges related to this offense. For instance, if the act was performed as part of a school-sanctioned activity or in lawful self-defense, it may not constitute a violation.

Florida law takes a strong stance on ensuring the safety of school environments. This is evident in the strict penalties associated with exhibiting a weapon near schools. The law applies to a wide range of weapons, including firearms, swords, and even items like razor blades and box cutters. The intent behind this broad definition is to cover all potential threats to school safety.

For example, consider a scenario where someone brandishes a firearm in an angry manner near a school playground. This act alone could lead to severe legal repercussions, as it meets the criteria outlined in Florida Statute 790.115. Similarly, displaying a knife in a threatening way at a school bus stop also falls under this statute.

Given the complexities and severe consequences of these charges, it is essential to understand the legal landscape thoroughly. Consulting with an experienced Orlando Weapons Crimes Lawyer can provide invaluable guidance and representation. Leppard Law has extensive experience in handling such cases, ensuring that your rights are protected and that you receive a fair trial.

In summary, exhibiting a firearm or weapon within 1,000 feet of a school is a serious offense with stringent penalties. Understanding the legal definition and elements of this crime is the first step in mounting a strong defense. If you find yourself facing such charges, don’t hesitate to seek professional legal assistance.

Exhibiting Firearm or Weapon Near School

For more information on related offenses, explore our resources on furnishing weapons to minors and discharging any destructive device. These articles offer valuable insights into the broader context of weapons offenses in Florida.

Penalties for Exhibiting a Firearm or Weapon Near a School

The penalties for exhibiting a firearm or weapon within 1,000 feet of a school are severe and can include both criminal and administrative consequences. Under Florida law, this offense is classified as a third-degree felony. The potential penalties include:

  • Up to 5 years in prison.
  • Up to 5 years of probation.
  • Fines up to $5,000.

What are the penalties for exhibiting a firearm or weapon near a school? Exhibiting a firearm or weapon within 1,000 feet of a school is a third-degree felony in Florida, punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.

Additional Consequences

Beyond the criminal penalties, individuals convicted of this offense may face additional consequences such as:

  • Loss of firearm rights: A conviction can lead to the permanent revocation of your right to own or carry a firearm.
  • Difficulty finding employment: A felony conviction can make it challenging to secure a job, as many employers are hesitant to hire individuals with a criminal record.
  • Potential impact on immigration status: For non-citizens, a felony conviction can result in deportation or other immigration-related issues.

In addition to these immediate consequences, a felony conviction can have long-term effects on various aspects of your life. For instance, you may find it difficult to obtain certain professional licenses or secure housing. Moreover, the stigma of a felony record can affect your personal relationships and social standing.

Penalties for Exhibiting Firearm Near School

It’s also important to note that under Florida’s Criminal Punishment Code, a Level 4 offense initially assigns 22 points on the sentencing guidelines score sheet. While this is higher than Levels 1 through 3, it does not alone reach the 44-point threshold needed to calculate a state prison sentence using the formula (total points − 28) × 0.75. However, if additional charges, prior convictions, or other complicating factors bring the total score to 44 or more, the formula then applies, potentially resulting in a state prison sentence.

If the total score remains below 44 points, the likely penalties would be non-prison alternatives such as probation, fines, or community service, depending on the specifics of the case. This underscores the importance of having a skilled Orlando Gun Crime Lawyer who can navigate these complexities and work to minimize the impact on your life.

For instance, if you were found guilty of exhibiting a firearm near a school but had no prior criminal record, your attorney might argue for probation or community service instead of prison time. Conversely, if you have a history of similar offenses, the penalties could be more severe, making it even more critical to have experienced legal representation.

The penalties for this offense also vary depending on the type of weapon involved and the circumstances of the exhibition. For example, exhibiting a firearm might carry harsher penalties compared to a common pocketknife. Additionally, if the weapon was exhibited in a school bus stop or during school hours, the prosecution might push for stricter penalties.

Moreover, the legal landscape surrounding firearms and weapons is continually evolving. Recent changes in Florida’s laws and regulations can impact how these cases are prosecuted and what defenses might be available. Staying informed and having a knowledgeable attorney by your side can make a significant difference in the outcome of your case.

At Leppard Law, we understand the gravity of these charges and the impact they can have on your life. Our team of dedicated Orlando Weapons Crimes Lawyers is committed to providing you with the best possible defense. We will work tirelessly to protect your rights and help you navigate the legal system with confidence.

If you or a loved one is facing charges for exhibiting a firearm or weapon near a school, don’t hesitate to reach out to us. Contact Leppard Law today at 407-476-4111 to schedule a free consultation. Let us put our experience and expertise to work for you and help you achieve the best possible outcome for your case.

For more information on related offenses, explore our resources on furnishing weapons to minors and discharging any destructive device. These articles offer valuable insights into the broader context of weapons offenses in Florida.

Examples of Exhibiting a Firearm or Weapon Near a School

Understanding this crime can be easier with concrete examples. Here are some hypothetical scenarios:

  • A person brandishes a firearm in a threatening manner during an argument near a school playground.
  • An individual displays a knife in a careless and angry manner at a school bus stop.
  • Someone waves a sword cane menacingly within 1,000 feet of a school during school hours.

In each of these examples, the act of exhibiting the weapon in a threatening manner near a school is enough to constitute a violation of Florida Statute 790.115. This statute explicitly states that anyone who exhibits a weapon such as a sword, firearm, or even a common pocketknife in a rude, careless, angry, or threatening manner within 1,000 feet of school property is committing a third-degree felony.

What is Florida Statute 790.115? Florida Statute 790.115 makes it a third-degree felony to exhibit a weapon in a rude, careless, angry, or threatening manner within 1,000 feet of school property.

Let’s delve deeper into each example to understand the implications:

Brandishing a Firearm Near a School Playground

Imagine a scenario where an argument escalates near a school playground, and one individual pulls out a firearm, brandishing it in a menacing manner. This act not only endangers the lives of children and school staff but also instills fear within the community. Under Florida law, this action is a clear violation and the individual could face severe penalties, including prison time and hefty fines.

Displaying a Knife at a School Bus Stop

Consider another scenario where someone displays a knife angrily at a school bus stop. This could be a heated exchange between parents or even a confrontation between teenagers. The careless and threatening exhibition of the knife in this situation falls under the prohibited actions outlined in Chapter 790 of the Florida Statutes. The individual responsible could face criminal charges and long-term consequences such as loss of employment opportunities and firearm rights.

Waving a Sword Cane Near a School

In a more unusual example, someone might wave a sword cane menacingly within 1,000 feet of a school during school hours. This type of behavior is not only dangerous but also explicitly illegal. According to Florida Statute 790.115, such actions are grounds for felony charges that can significantly impact the individual’s future.

These examples illustrate the broad scope of the law and the various ways in which someone might unintentionally or recklessly violate it. It’s crucial to understand that even seemingly minor actions, such as displaying a common pocketknife in a threatening manner, can lead to serious legal repercussions.

At Leppard Law: Firearms Defense Attorneys, we understand that each case is unique and requires a tailored approach. If you or a loved one is facing charges related to exhibiting a firearm or weapon near a school, our team of experienced Orlando Gun Crime Lawyers is here to help. We will work tirelessly to build a strong defense and protect your rights.

For more information on related offenses, you can explore our resources on possessing a firearm on school property and furnishing weapons to minors. These articles offer valuable insights into the broader context of weapons offenses in Florida.

If you need legal assistance, don’t hesitate to contact Leppard Law at 407-476-4111. Our commitment to providing exceptional legal services and our deep understanding of Florida’s firearm laws make us the ideal choice for your defense. Call us today to schedule a free consultation and take the first step towards protecting your future.


Defenses Against Charges of Exhibiting a Firearm or Weapon Near a School

Facing charges for exhibiting a firearm or weapon within 1,000 feet of a school can be daunting, but several defenses may be available. Common defenses include:

  • Self-Defense: Arguing that the weapon was exhibited in lawful self-defense.
  • Lack of Intent: Demonstrating that the exhibition was not done in a rude, careless, angry, or threatening manner.
  • Authorized Activity: Proving that the exhibition was part of a school-sanctioned activity.

Given the complexities of these cases, it is crucial to seek experienced legal representation. A skilled attorney can help navigate the legal system, gather evidence, and build a strong defense strategy to protect your rights and future.

One of the most common defenses is self-defense. If you can prove that you exhibited the weapon to protect yourself or others from an immediate threat, this can be a valid defense. Florida law recognizes the right to self-defense, and if this can be established, it may lead to the dismissal of charges. For more information on self-defense laws, visit our strategic defense for weapon-involved offenses page.

What is self-defense? Self-defense is the legal right to use reasonable force to protect oneself from an immediate threat of harm.

Another possible defense is lack of intent. To be convicted under Florida Statute 790.115, the prosecution must prove that the weapon was exhibited in a rude, careless, angry, or threatening manner. If you can demonstrate that there was no intent to intimidate or threaten anyone, this can be a strong defense. For more details, explore our page on improper exhibition of a firearm.

Criminal Law Defense

Additionally, if the exhibition of the weapon was part of an authorized activity, this can serve as a defense. For example, if you were participating in a school-sanctioned event that involved the use of weapons, this could be a valid reason for exhibiting the weapon. Check out our page on concealed carry laws for more information on lawful weapon exhibitions.

It’s also essential to examine the specifics of the incident. For instance, if the weapon was exhibited on private property with the owner’s permission, this might not constitute a violation of the law. According to the 2023 Florida Statutes, the law does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner. For more on related offenses, visit our page on possession of a firearm by a convicted felon.

Another potential defense is challenging the evidence and testimony presented by the prosecution. This can involve questioning the credibility of witnesses, the accuracy of police reports, and the methods used to gather evidence. For more on this, check out our page on discharge of a firearm in public.

In some cases, it might be possible to negotiate a plea deal that results in reduced charges or a lighter sentence. This can be particularly useful if the evidence against you is strong. For more information on plea bargaining, visit our page on possession of a short-barreled rifle.

At Leppard Law, we understand that each case is unique and requires a tailored approach. Our team of experienced attorneys is dedicated to providing the highest level of defense for our clients. If you or a loved one is facing charges related to exhibiting a firearm or weapon near a school, don’t hesitate to contact us at 407-476-4111 to schedule a free consultation. For more information, visit our page on possessing electric weapon or device on school property.

We treat our clients like family, always putting their best interests first. Our commitment to excellence has earned us numerous accolades, including being named “Best of Orlando” for Criminal and DUI Defense on Thumbtack and Yelp for six consecutive years. Experience the Leppard Law difference by calling us today at 407-476-4111. For more information, visit our page on manufacture, sell, possess, or deliver hoax bomb.

Remember, the stakes are high in these cases, and the consequences can be life-altering. Having a knowledgeable and experienced attorney on your side can make all the difference. For more on related offenses, visit our page on using a firearm while under the influence.

At Leppard Law, we are committed to fighting for the best possible outcome in every case. Contact us today at 407-476-4111 to schedule a free consultation and experience the Leppard Law difference. For more information, visit our altering a firearm’s serial number page.


Infographic depicting the words Exhibiting Firearm or Weapon Within 1,000 Feet of a School


What qualifies as exhibiting a firearm or weapon near a school?

Exhibiting a firearm or weapon near a school involves displaying any weapon, including firearms, in a rude, careless, angry, or threatening manner within 1,000 feet of school property. This is a violation of Florida Statute 790.115 and is considered a third-degree felony.

Can I legally carry a firearm near a school in Florida?

In Florida, carrying a firearm near a school is generally prohibited unless it is part of a school-sanctioned activity or if the firearm is securely stored in a vehicle. Exceptions include carrying to a firearms program approved by the school or in a vehicle as per Florida Statute 790.25(4).

What are the penalties for exhibiting a firearm or weapon near a school?

The penalties for exhibiting a firearm or weapon near a school in Florida include up to 5 years in prison, up to 5 years of probation, and fines up to $5,000. Additional consequences may include loss of firearm rights and difficulty finding employment.

How can I defend against charges of exhibiting a firearm near a school?

Defending against charges of exhibiting a firearm near a school can include arguments such as self-defense, lack of intent, or participation in an authorized activity. It is crucial to seek experienced legal representation to navigate the complexities of these cases.


Explore other practice areas we serve to understand the full range of legal services we offer:

Improper Exhibition of a Firearm Concealed Carry Laws
Strategic Defense for Weapon-Involved Offenses Defend Against Weapon Display Allegations
Discharge of Firearm in Public Motion for Return of Firearm
Furnishing Weapons to Minors Possession of a Firearm by a Convicted Felon
Altering a Firearm’s Serial Number Using a Firearm While Under the Influence
Discharging Any Destructive Device Possession of Short-Barreled Rifle
Making a Fake Bomb Threat Threat to Throw or Discharge Destructive Device
Reckless Discharge of a Firearm Possession of a Firearm in Violation of an Injunction

Top-Rated Firearms Lawyers Serving Florida

Looking for the best Firearms lawyers in Florida? Our distinguished team of attorneys is committed to offering you the best possible defense against your Firearms charges.

  • John Vallillo: As a stalwart in the Florida legal scene, John Vallillo has earned his stripes through a consistent record of case dismissals and proactive defense. His background as both a prosecutor and defense attorney enriches his strategic defense planning with invaluable insights.
  • Joe Easton: Renowned for crafting winning defenses, Joe Easton’s approach to legal advocacy in Florida combines thorough preparation with aggressive representation. His notable recognitions and ratings stand testament to his exceptional service and client-focused approach.
  • Joel Leppard: Joel Leppard infuses every Firearms case with a level of personal commitment and innovative thinking that sets him apart. His leadership has not only grown Leppard Law into a top-rated criminal defense law firm but also ensured that clients receive empathetic, effective legal care.


Discover What Our Clients Are Saying

At the forefront of our Firearms practice is a deep-seated commitment to client satisfaction. Each case is handled with utmost care, as echoed in the appreciative feedback from those we represent. You can read more 5 star reviews here.

Contact Us for Expert Firearms Defense

At Leppard Law: Firearms Defense Attorneys, we understand the gravity of being charged with exhibiting a firearm or weapon within 1,000 feet of a school. Our dedicated team is here to provide you with the best possible defense, ensuring your rights are protected every step of the way.

What does it look like to have a personal relationship with your attorney? Someone who has your back when things get tough? A lawyer that knows you as well as they know your case?

At Leppard Law, we treat our clients like family. We always put their best interests first and fight for the best possible outcome for their case. But you don’t have to take our word for it – experience it for yourself. If you or a loved one have been charged with a criminal offense, contact us today to schedule a free consultation. 407-476-4111

We take immense pride in helping our clients navigate through some of life’s most challenging moments. Your trust and support have fueled our commitment to excellence, and we’re honored to be a part of our shared community. While we hope you never face a criminal charge, we want you to know that if the need arises, we’re here for you. One call to our top-rated criminal defense attorneys can make all the difference.

Schedule your consultation today, and let us provide the support and legal expertise you deserve. 407-476-4111

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But don’t just take our word for it. Our commitment to excellence has been recognized by numerous reputable organizations:

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SuperLawyers “Rising Star” SuperLawyers 2019-2020
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Our attorneys are renowned for both their legal skills and their client-focus. Leppard Law is ranked among the “Best Criminal Defense Lawyers in Orlando” by Expertise from 2016-2024 and the “Best DUI Lawyers in Orlando” by Expertise from 2016-2024. Our Florida DUI Lawyers & Criminal Defense Attorneys always strive to provide extraordinary customer service to our select clients and promise to provide each client’s case the time, attention, and skillful representation that it deserves.

With over 60 years of combined experience defending thousands of Floridians accused of crimes, our attorneys are renowned for both their trial advocacy and skillful negotiations, seeking to achieve the best results for their clients–including countless dismissals and reductions. Being charged with a crime, whether it is a misdemeanor or a felony, can cause a lot of anxiety. If you are not properly represented, the stigma of being branded as a “criminal” may follow you around for many years to come. Rest easy and pick up the phone. We’re here to help! 407-476-4111

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Legally Reviewed by Joe Easton

Expert Florida Firearms Attorney

Legally reviewed by Joe Easton and the content team, this article reflects the firm’s 60 years of combined criminal defense expertise. Joe Easton, with his extensive experience and strategic prowess in DUI and criminal defense, offers more than just legal representation; he brings a commitment to turning legal challenges into triumphs. His approach, combining tenacity in the courtroom with personalized client care, ensures your Firearms case is not just defended but championed with dedication and expertise.

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